Deal puts focus on placing New Jersey's disabled kids in local classrooms

Thousands of special-needs students across New Jersey could get the support they need to attend mainstream classes or return from out-of-district programs to their local schools after a settlement was reached in a seven-year court fight over whether disabled children were unfairly segregated.

The federal suit, filed by an array of advocacy groups, contends that the state violated the rights of disabled children to attend school — to the greatest extent possible — with children who do not have disabilities and in their neighborhood schools. The suit said that because of the state’s failures, countless disabled children were unnecessarily separated from their peers.

About 15 percent of New Jersey’s 1.4 million public school students have special needs, and about 8 percent of the disabled go to out-of-district sites.

The settlement, approved by the state Board of Education on Wednesday, requires that for three years, the state must scrutinize the placement of special-needs children in more than 55 districts that put a disproportionate share of students in restrictive settings. That includes Westwood, Hackensack, Garfield, Passaic, Elmwood Park and Englewood.

If the state finds districts are not doing their utmost to include students in regular classes, school staff must undergo extra training in tailoring lessons to the children and giving them aides and other individualized services.

Ruth Lowenkron, an attorney at the Education Law Center, which was one of the plaintiffs, said the settlement could help many special-needs students in a state that has historically put more of them in separate programs than is typical nationwide.

“No parents dream about sending their child to a private, segregated special-ed school,” said Renay Zamloot, an advocate who helps families get assistance from school districts. “That idea is born out of a child’s suffering for years in a district due to his needs not being met.”

Special education cases are often emotionally fraught, and many parents go to court to get programs for children with unique challenges. These programs are often expensive, and many districts struggle to balance budgets while respecting students’ federal rights to individualized services in the least restrictive setting.

This case was led by Disability Rights New Jersey. The state must pay $295,000 to cover litigation fees. It was unclear how much it will cost districts and the state to comply with the settlement’s terms, which parties expect to be approved soon by U.S. District Judge Mary Little Cooper. Some districts may have to hire aides or create self-contained classrooms, for example, for students who can join some regular lessons but not others.

Michael Yaple, spokesman for the state Department of Education, said the settlement extends what the agency has been doing for years to help bring students with disabilities back to their hometown schools.

“This decision reaffirms our commitment to work toward that goal,” he said.

In recent years, many districts have sought to reduce their reliance on private placements because they can be extremely expensive, with some tuitions topping $50,000 a year. Some parents resist efforts to bring children |back to home districts in the belief that private schools have more ¬expertise in specific disorders, |like autism.

One parent in Passaic County, who asked not to be identified because she is still fighting for services, said her district “kept trying to fit my children into programs they’re running” rather than giving them the support they needed. “The child-study team is supposed to be working for the child, but they’re forced to look out for the district” budget.

In Garfield, Superintendent Nicholas Perrapato said he welcomed more state oversight because “we are very proud of what we are doing. ... As far as we know we are putting all our students in the least restrictive environment and even providing more.”

Superintendents in the other districts designated for monitoring could not be reached for comment.

Diana Autin, a director of the Statewide Parent Advocacy Network, one of the plaintiffs, said |the push toward more inclusion would benefit children in general education as well. She cited research finding that children develop tolerance and social skills when learning with disabled peers, and their academic growth is not harmed.

Other plaintiffs were New Jersey Protection and Advocacy and the Arc of New Jersey.